Customs Act 1901

PART XIII - PENAL PROVISIONS  

Division 4 - Provisions relating to certain strict liability offences  

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History

Div 4 heading substituted by No 95 of 2001, s 3, Sch 2, item 4, effective 1 July 2002. Item 5A of s 3, Sch 2 of No 95 of 2001 states: ``Despite the repeal by item 5 of sections 243T, 243U and 243V of the Customs Act 1901 , those sections continue to apply in respect of statements made before the repeal''.

SECTION 243SC   PRESERVATION OF THE PRIVILEGE AGAINST SELF-INCRIMINATION  

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243SC(1)   [Circumstances]  

Subject to subsection (2), a person who would, apart from this subsection, be required to:

(a) answer a question under section 243SA; or

(b) produce a document or record under section 243SB;

need not comply with the requirement if so complying would:

(c) tend to incriminate the person; or

(d) result in further attempts to obtain evidence that would tend to incriminate the person.

243SC(2)   [Exception]  

Subsection (1) does not apply, and the person must comply with the requirement, if the person has waived his or her rights under that subsection.

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History

S 243SC inserted by No 95 of 2001, s 3, Sch 2, item 5, effective 1 July 2002.

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